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October 31, 2004

patent reexamination explained

Thanks to Kevin Flynn (of the firm Daniels Daniels & Verdonik, P.A.) for the article entitled "Patent Problems? PTO Reexamination Proceedings Are Alternatives to Litigation" on the LocalTechWire.com website.

There are actually two types of reexamination proceedings.  In the ex parte form, after the process is initiated, the only party involved beyond the government is the patent owner.  (The inter partes process allows the third party to participate in the reexamination process, but at the cost of forfeiting most of the rights to challenge the validity of the patent in court.)

Why file a reexamination?

While only 12 percent of the patents that go into reexamination are totally eradicated, another 58 percent of the patents that go into reexamination end up reduced in scope.  Thus, 7 out of 10 reexaminations result in at least some reduction in patent scope. 

Posted by Douglas Sorocco at 08:37 PM.
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